Consumer issue - have I lost my money to tOscali?

[Monty Burns]

Hi Guys

I think im stuck between a rock and a hard place and I hope that one of you may be able to show me a way forward.

OK here goes:

About a year ago I migrated away from Tiscali to B.E. Unlimited using a MAC code. Job done and all working great. Recently I noticed that tOScali have still been charging me for the period I have been with BE (about 12 months). I phoned toscali and spoke to them about it, to which they have now cancelled the account and they would send through a refund. I got the refund, all 5quid of it!!

I promtly phoned them and asked where the other 190 odd quid is to which I was told they would need a letter from BE to state my start date from them. I have spoken to BE and they are unable to provide on headed paper (required by Toscali) but have provided me an electronic copy. Toscali have told me that the electronic copy is not sufficient.

I have asked toscali why they kept charging me and they claim that I did not cancel the account. Surely the fact I used a MAC code and WENT to BE using it should of been sufficient!!!!

Am I stuffed? Do I kiss goodbye to the almost 200quid or is there anyone out there who can help me?


On a general note, there are two typos in the address they have for me, guess what, they won't accept corrections to this over the phone and also need a utility bill/other proof to correct them!!! Unbelievable!!!



Many thanks in advance!!!

[mjn]

Why disn't you check your bank statements more closely? If that was me, i'd have noticed after the first extra payment went through, no actually, i would have cancelled the Direct Debit, as soon as the BE internet connection was active.

Which makes me wonder, how many people have inactive Direct Debits still on their bank accounts? I'm willing to bet its quite a few.

Anyway, i'd phone your bank and see what they say.

[Monty Burns]

First - its a credit card charge.

Second - im on a six figure salary and couldn't really give a rats a*se about 14/15/16 quid a month (it totals up to about a third of one day at work for me). However, now its added up and because tOscali have lived up to there name, I wana fight this one on principle.

Surley a MAC code that gets used has to be accepted as proof of cancellation of a service?

[Uridium]

That's the norm for BB migration's I'm afraid.

You can't cancel your foriginal ISP account as you can only migrate an active account with a MAC code.

Usual procedure is that you leave account active with current ISP until after migration to new ISP, you then need to call the old ISP and close the account. Crappy i know.

I think you should keep chasing BE for a paper document as this seems the easiest answer, maybe they can just send you an email with some embedded logo's on the footer etc.. you can print out?

[sim667]

well if you couldnt give a rats about 14/15/16 quid for the last 12 months then why are you suddenly now giving a rats arse about the fact its total to nearly £200

In all honesty you should always say that you want to cancel something and use the word 'cancel' then ask for written confirmation. Yes tiscali should have worked out what your saying but dont forget when you ring a call center your basically speaking to trained monkeys.

If you really want to follow it up go to the CAB and ask what your rights are, but if you couldnt have given a rats arse about the DD in the first place then im sure that the amount of time it will take you to get it back wont be worth while.

[Monty Burns]

Originally Posted by sim667

well if you couldnt give a rats about 14/15/16 quid for the last 12 months then why are you suddenly now giving a rats arse about the fact its total to nearly £200

Principle. (read previous post)

Originally Posted by sim667

In all honesty you should always say that you want to cancel something and use the word 'cancel' then ask for written confirmation. Yes tiscali should have worked out what your saying but dont forget when you ring a call center your basically speaking to trained monkeys.

I'm pretty damn sure I would of said "I want a MAC code so I can move away from you and the account cancelled".

Originally Posted by sim667

If you really want to follow it up go to the CAB and ask what your rights are, but if you couldnt have given a rats arse about the DD in the first place then im sure that the amount of time it will take you to get it back wont be worth while.

Again, it was credit card not DD. (read previous post). And your right, i can't be bothered taking time off work (at my expense!) to go to the CAB. Thats why i posted here in the hope of some constructive responses (good or bad).

Iridium, thanks for the input. Sadly, it appears you may be right and my best chance is getting an embedded image email, maybe they can supply it PDF/Doc? Will give them a try.


P.s. hows the gixer? My SP1 is still going strong, although now VERY dirty - you gota love winter eh!

[Uridium]

Originally Posted by Monty Burns

Principle. (read previous post)



I'm pretty damn sure I would of said "I want a MAC code so I can move away from you and the account cancelled".



Again, it was credit card not DD. (read previous post). And your right, i can't be bothered taking time off work (at my expense!) to go to the CAB. Thats why i posted here in the hope of some constructive responses (good or bad).

Iridium, thanks for the input. Sadly, it appears you may be right and my best chance is getting an embedded image email, maybe they can supply it PDF/Doc? Will give them a try.


P.s. hows the gixer? My SP1 is still going strong, although now VERY dirty - you gota love winter eh!

I only know because i had the same issue migrating from Sky to O2 BB a couple of months back (fortunately i noticed it at month1)

(sports bikes have all gone mate. Got a Z1000 Kwak....for now Mine's nice and clean though...been tucked away in garage since october )

[sim667]

Originally Posted by Monty Burns

Principle. (read previous post)

Im pretty sure principle applies to 14/15/16 quid more than it does to £200

Originally Posted by Monty Burns

I'm pretty damn sure I would of said "I want a MAC code so I can move away from you and the account cancelled".

If thats the case then its their c*ck up.... so you dont have to worry about losing the money, i still would have asked for written confirmation of cancellation then

Originally Posted by Monty Burns

Again, it was credit card not DD. (read previous post). And your right, i can't be bothered taking time off work (at my expense!) to go to the CAB. Thats why i posted here in the hope of some constructive responses (good or bad).

Dont know how relevant it is but this might help: The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987 I havent read it properly so it might be completely the wrong thing.

You'll need to have a look through your tiscali contract at the terms and conditions.

P.S. BE do do headed paper as they sent us our welcome packs with letters written on headed paper.

[Monty Burns]

Thanks very much for the link Sim, I will take a butchers at that when I get a spare moment - at work ofc

I have just updated the ticket in BE asking if they can supply it PDF/Doc etc... I can then just print it out myself. Fingers crossed!


Uridium: Ya big girls blouse! Riding with more tourque than a tractor, on wet icy roads is the best fun you can have! Honest!!! The "I wonder if i'll get home upright?" question always makes the trip interesting

[itsamac]

Canceling the direct debit doesn't always work. When I left Plus, I immediately cancelled the direct debit but they still charged my credit card for the cancellation fee despite being with them for 2.5 years.